Choice Hotels International, Inc. v. Shri Laxmi Naryan Hospitality Group of Sacramento, Inc. et al

Filing 21

ORDER signed by Judge John A. Mendez on 3/20/2015 ORDERING 20 Defendants, including each of their respective agents, employees, officers, and representatives, and all those in active concert or participation with them, are permanently, and forever ENJOINED from using or contributing to the use of Plaintiff's CLARION family of marks as identified in the Complaint filed herein, or any similar marks, without the consent of Choice Hotels; the Court further ORDERS Defendants to deliver to Pl aintiff any items in their possession, custody, or control bearing any of the CLARION family of marks; The Court further ORDERS Defendants to file a sworn statement of compliance as provided in 15:1116(a); Non-Appealability: this Stipulated Permanent Injunction is FINAL and may not be appealed by any party. (Reader, L)

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KIMBERLY D. HOWATT (SBN: 196921)
[e-mail]
TIMOTHY P. LINDELL (SBN: 208966)
[e-mail]
GORDON & REES LLP
101 W. Broadway, Suite 2000
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff CHOICE HOTELS INTERNATIONAL, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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101 W. Broadway
Suite 2000
San Diego, CA 92101

Gordon & Rees LLP

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CHOICE HOTELS INTERNATIONAL, )
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INC., a Delaware Corporation,
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Plaintiff,
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vs.
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SHRI LAXMI NARYAN HOSPITALITY)
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GROUP OF SACRAMENTO, INC., a
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California Corporation; and
WATKINS/SACRAMENTO INN, LLC, )
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a California Corporation,
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Defendants.
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CASE NO. 2:14-cv-1926 JAM AC
STIPULATION AND JOINT
MOTION FOR ENTRY OF
PERMANENT INJUNCTION
Date:
Time:

n/a
n/a

Judge: John A. Mendez

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STIPULATION AND JOINT MOTION FOR ENTRY OF

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PERMANENT INJUNCTION

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Plaintiff Choice Hotels International, Inc. (“Plaintiff” or “Choice Hotels”) and

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Defendants Shri Laxmi Naryan Hospitality Group of Sacramento, Inc. (“SLNH

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Group”) and Watkins/Sacramento Inn, LLC (“Watkins”) hereby submit the following

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stipulation and joint motion for entry of a Permanent Injunction.

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1.

Choice Hotels, SLNH Group, and Watkins (collectively the “Parties”)

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have entered into an agreement settling their disputes and hereby stipulate to the

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entry of this Stipulated Permanent Injunction.
-1STIPULATION AND JOINT MOTION FOR ENTRY OF PERMANENT INJUNCTION

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2.

Plaintiff owns the CLARION® family of marks identified in Plaintiff’s

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Complaint filed herein. (Dkt. No. 1). The CLARION® family of marks are valid

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and distinctive. Pursuant to 15 U.S.C. §§ 1114 & 1125(a) and federal and state

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common law trademark rights, Plaintiff seeks to, among other things, enjoin SLNH

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Group and Watkins (together “Defendants”) from the unauthorized use or

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contribution to the use of the CLARION® family of marks in commerce.

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3.

Entry of a permanent injunction will achieve the purposes of the

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Lanham Act and federal and state common law related to trademark infringement,

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including protection of the ownership and integrity of the CLARION® family of

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101 W. Broadway
Suite 2000
San Diego, CA 92101

Gordon & Rees LLP

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marks and protection of the public from confusion in the marketplace.
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The Parties have reached a settlement agreement concerning all other

matters in controversy.
IT IS SO STIPULATED
Dated: March 13, 2015

GORDON & REES LLP

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By: /s/
KIMBERLY D. HOWATT
TIMOTHY P. LINDELL
Attorneys for Plaintiff CHOICE
HOTELS INTERNATIONAL, INC.

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Dated: February 28, 2015

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LAW OFFICES OF KIRK RIMMER
By: /s/
KIRK RIMMER
Attorney for Defendant SHRI LAXMI
NARYAN HOSPITALITY GROUP OF
SACRAMENTO, INC.

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Dated: March 12, 2015

LAW OFFICES OF STEPHAN
PARSHALL
By: /s/
STEPHAN PARSHALL
Attorney for Defendant
WATKINS/SACRAMENTO INN, LLC

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-2STIPULATION AND JOINT MOTION FOR ENTRY OF PERMANENT INJUNCTION

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ORDER

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Having been stipulated to by and between the Parties and for good cause

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having been shown:
1.

Permanent Injunction. Defendants, including each of their respective

participation with them, are permanently, and forever ENJOINED from using or

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contributing to the use of Plaintiff’s CLARION® family of marks as identified in the

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Complaint filed herein (Dkt. No. 1), or any similar marks, without the consent of

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Choice Hotels. The Court further ORDERS Defendants to deliver to Plaintiff any

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items in their possession, custody, or control bearing any of the CLARION® family

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of marks. The Court further ORDERS Defendants to file a sworn statement of

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101 W. Broadway
Suite 2000
San Diego, CA 92101

agents, employees, officers, and representatives, and all those in active concert or

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Gordon & Rees LLP

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compliance as provided in 15 U.S.C. §1116(a).

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2.

Non-Appealability. This Stipulated Permanent Injunction is final and

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may not be appealed by any party.

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It is SO ORDERED.

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Dated: March 20, 2015

/s/ John A. Mendez______
John A. Mendez
U.S. District Court Judge

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STIPULATION AND JOINT MOTION FOR ENTRY OF PERMANENT INJUNCTION